HomeMy WebLinkAboutPC Reso 09-15 Appv TMAP 7943 Arroyo Vista PA07-028RESOLUTION NO. 09 - 15
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING VESTING TENTATIVE TRACT MAP 7943 FOR THE ARROYO VISTA
PROJECT LOCATED AT 6700 DOUGHERTY ROAD (APN 941-0007-001-07)
PA 07-028
WHEREAS, Eden Housing and Citation Homes Central, has requested approval of Vesting
Tentative Tract Map 7943 for PA 07-028, to divide the 24.13-acre Arroyo Vista property located at 6700
Dougherty Road for the development of 378 attached and detached residential dwellings, community
building and daycare; and
WHEREAS, the project consists of a total of 378 dwelling units which will include 50 rental
apartments for seniors, 130 rental apartments for families, 141 attached for-sale dwelling units and 57
detached for-sale dwelling units, a community building and a daycare facility; and
WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin
Subdivision Regulations require that no real property may be divided into two or more parcels for purpose
of sale, lease or financing, unless a tentative map is acted upon, and a final map is approved consistent
with the Subdivision Map Act and City of Dublin Subdivision Regulations; and
WHEREAS, the Applicants have submitted a complete application for a Vesting Tentative Tract
Map dated April 10, 2009, on file in the Community Development Department, Planning Division; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared; and
WHEREAS, pursuant to the California Environmental Quality Act, on April 28, 2009, the
Planning Commission adopted Resolution 09-12 recommending that the City Council certify the Arroyo
Vista Environmental Impact Report (SCH 2007122066). The Planning Commission also adopted
Resolution 09-13 recommending approval of the Project general plan amendment, and Resolution 09-14
recommending approval of the Project PD rezoning. All of the above resolutions are incorporated herein
by reference; and
WHEREAS, the City of Dublin Planning Commission (lid hold a public hearing on said
application on April 28, 2009; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval
of Tentative Tract Map 7943 subject to the conditions prepared by Staff, and
WHEREAS, the Planning Commission did hear and us,,- their independent judgment and
considered all said reports, recommendations and testimony hereinabove set forth.
Page 1 of 7
NOW, THERFORE, BE IT RESOLVED THAT THE City of Dublin Planning Commission
does hereby find:
1. Vesting Tentative Tract Map 7943 is consistent with the intent of applicable subdivision
regulations and related ordinances.
2. The design or improvements of Vesting Tentative Tract Map 7943 is consistent with the City's
General Plan policies as they apply to the subject property in that it is a subdivision for the
construction of a residential development in an area de3ignated for residential uses and for
public/semi-public uses through the related general plan amendment.
3. Vesting Tentative Tract Map 7943 is consistent with the proposed Stage 1/Stage 2
Development Plan and the Tentative Tract Map approval will not take effect until the City
Council adopts an Ordinance approving the related Planned Development (PD) Rezone and is
therefore consistent with the City of Dublin Zoning Ordinance.
4. The site is located adjacent to major roads on +24.13 gross acres of relatively flat topography
and is, therefore, physically suitable for the type and density of development.
5. With the incorporation of mitigation measures from the Arroyo Vista Environmental Impact
Report EIR, the design of the subdivision will not cause environmental damage or substantially
injure fish or wildlife or their habitat or cause public health concerns.
6. The design of the subdivision will not conflict with easements, acquired by the public at large,
or access through or use of, property within the proposed subdivision. The City Engineer has
reviewed the map and title report and has not found any conflicting easements of this nature.
BE IT FURTHER RESOLVED THAT THE City of Dublin Planning Commission hereby
conditionally approves PA 07-028 Vesting Tentative Tract Map 7943, which will subdivide the property
for a residential development APN 941-0007-001-07. This approval shall conform generally to: the
Vesting Tentative Tract Map 7943 included as Exhibit A, except as specifically modified by the
Conditions of Approval contained below.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the approval of the
Final Parcel Map, and shall be subject to City Engineer and the Director of Community Development
review and approval. The following codes represent those depart ments/agencies responsible for
monitoring compliance of the conditions of approval: [PL] Planning, 131 Building, [POI Police, [PWJ
Public Works, [ADM] Administration/City Attorney, [PCS] Parks and Community Services, [F] City of
Dublin Fire, and [DSR] Dublin San Ramon Services District.
NO. CONDITION TEXT RESP. WHEN
AGENCY REQUIRED
GENERAL CONDITIONS
1. The Developer shall comply with the Subdivision Map Act, the City PW On-going
of Dublin Subdivision, Zoning, and Grading Ordinances, the City of
Dublin Public Works Standards and Policies, and all building and
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NO. CONDITION TEXT RESP. WHEN
AGENCY REQUIRED
fire codes and ordinances in effect at the time of building permit. All
public improvements constructed by Developer and to be dedicated
to the City are hereby identified as "public works" under Labor Code
section 1771. Accordingly, Developer, in constructing such
improvements, shall comply with the Prevailing Wage Law (Labor
Code. Sects. 1720 and following)
2. Effective Date of Approval. The Vesting Tentative Map approval PL Effective Date
shall not be effective unless and until the City Council approves the of Map
companion general plan amendment and PD rezoning.
3. Fees. Applicants/Developers shall pay all applicable fees in affect at Various Approval of
the time of building permit issuance, including, but not limited to, Final Map
Planning fees, Building fees, Traffic Impact Fees, TVTC fees,
Dublin San Ramon Services District fees, Public Facilities fees,
Dublin Unified School District School Impact fees, Fire Facilities
Impact fees, Alameda County Flood and Water Conservation District
(Zone 7) Drainage and Water Connection fees; or any other fee that
may be adopted and applicable.
4. Required Permits. Developer shall obtain all permits required by Various Approval of
other agencies including, but not limited to Alameda Country Flood Final Map
Control and Water Conservation District Zone 7, California
Department of Fish and Game, Army Corps of Engineers, Regional
Water Quality Control Board, Caltrans and provide copies of the
permits to the Public Works Department.
5. Clarifications and Changes to the Conditions. In the ev,:nt that PW Approval of
there needs to be clarification to these Conditions of Approval, the Final Map
Directors of Community Development and Public Works have the
authority to clarify the intent of these Conditions of Approw.l to the
Applicants/Developers by a written document signed by the
Directors of Community Development and Public Works and placed
in the project file. The Directors also have the authority to make
minor modifications to these conditions without going to a. public
hearing in order for the Developer to fulfill needed improvements or
miti ations resulting from impacts of this project.
6. Substantial Conformance. The Final Subdivision Map shall be PW Approval of
substantially in conformance with Vesting Tentative Map 7943 Final Map
unless otherwise modified b the conditions contained herein.
7. Title Report. A current preliminary title report (not more than 6 PW Approval of
months old as of date of submittal) together with copies of all Final Map
recorded deeds, easements and other encumbrances and copies of
Final Maps for adjoining properties and off-site easements ::hall be
submitted for reference as deemed necessary by th,- City
En ineer/Director of Public Works.
8. Expiration. The Tentative Map shall expire at the standard time of PW On-going
two and one half (2 %2) years as set forth in the Dublin Mimicipal
Code and in the regulations of Section 66452.6 of the Subdivision
Ma Act
NO. CONDITION TEXT RESP. WHEN
AGENCY REQUIRED
9. Final Subdivision Map 7943. The Applicants/Developers shall have PW Approval of
a registered civil engineer or a licensed land surveyor prepare the Final Map
Final Subdivision Map subdividing the parcel into the configuration,
size and number of parcels shown on Vesting Tentative Map 7943
prepared by Carlson, Barbee, and Gibson and in accordance with the
requirements of the Subdivision Map Act and City of Dublin
standards. The map shall be reviewed and approved by the City
En ineer/Public Works Director prior to recordation.
10. Right-of Way Dedication. The Applicants shall dedicate rigfLt-of- PW Approval of
way to the public on the Final Subdivision Map or by separate: Final Map
instrument as follows:
a. 2-foot wide right-of-way dedication as shown along the
Dougherty Road project frontage for roadway purposes.
b. Right-of-way dedications as shown on the vesting tentative
map or as deemed necessary along the northern property
line for trail purposes.
C. Any other right-of-way dedications deemed reasonably
necessary b the City Engineer/Public Works Director.
11. Easement Dedications. The Applicants shall dedicate easements on PW Approval of
the Final Subdivision Map or by separate instrument as follows: Final Map
a. Public Utility Easements (PUE) as shown on the vesting
tentative map.
b. Public sidewalk easements granted to the City of Dublin for
all access ramps serving the public sidewalk that extend
outside of the public right-of-way.
C. Emergency Vehicle Access Easements (EVAE) in locations
and configurations as required by the Fire Marshall to
assure unobstructed access onto and through the properties
by emergency vehicles.
d. Flood Control Easements as required or as shown on the
vesting tentative map.
e. Storm Drain Easement over the proposed underground
detention facility (if required).
f. Trail Corridor Access Easements as required.
g. Traffic Signal Easements as required.
h. Easements as required by DSRSD.
i. Any other easements deemed reasonably necessary by the
City Engineer/Public Works Director during final design
and/or construction.
Easements to be dedicated by separate instrument shall be suomitted
for review and shall be recorded prior to or concurrently with the
Final Subdivision Map.
4
NO. CONDITION TEXT RESP. WHEN
AGENCY REQUIRED
12. Summary Vacation of Existing Public Easements. Public PW Approval of
Easements that are no longer necessary based on the current site Final Map
layout and right-of-way configuration shall be summarily vacated
pursuant to §66499.20%2 of the Subdivision Map Act and pursuant to
Division 9, Part 3, Chapter 4, Article 1, §8333 of the Streets and
Hi hwa s Code.
13. Submittal Requirements. A complete submittal of the final map to PW During Plan
the Public Works Department includes copies of the following: Check
a. Improvement Plans (including grading, erosion/s,,-diment
control, signing, striping, lighting, and landscape/irrigation)
prepared under the direction of a Registered Civil Engineer.
All printing and lettering shall be 1/8" minimuml height
and such shape and weight as to be readily legible on prints
and microfilm reproductions.
b. Vesting Tentative Map
C. Final Map and closure calculations, together with all
reference maps, data and all pertinent recorded doctments
d. Title Reports with all exceptions
e. Annotated copies of final Conditions of Approval
14. Final Subdivision Map. When approved, the applicants shall obtain PW Approval by
signatures and provide the original mylar sheets for City signatures. City Council
After City Council approval of the final map, and within two weeks
of the approval date, the City will forward the map to the title
company to record the final map with the Alameda County
Recorder's office at the applicants cost. The applicants shall be
responsible for payment of taxes and any other costs associated with
recordin the final map.
15. Prior to issuance of any building permit, complete improvement DSR Issuance of
plans shall be submitted to DSRSD that conform to the requirements Building
of the Dublin San Ramon Services District Code, the DSRSD Permits
"Standard Procedures, Specifications and Drawings for Design and
Installation of Water and Wastewater Facilities", all applicable
DSRSD Master Plans and all DSRSD policies.
16. All mains shall be sized to provide sufficient capacity to DSR Improvement
accommodate future flow demands in addition to each development Plans
project's demand. Layout and sizing of mains shall be in
conformance with DSRSD utility master planning.
17. Sewers shall be designed to operate by gravity flow to D SRSD's DSR Improvement
existing sanitary sewer system. Pumping of sewage is discouraged Plans
and may only be allowed under extreme circumstances following a
case by case review with DSRSD staff. Any pumping station will
require specific review and approval by DSRSD of preliminary
design reports, design criteria, and final plans and specifications.
The DSRSD reserves the right to require payment of present worth
20 year maintenance costs as well as other conditions within a
NO. CONDITION TEXT RESP. WHEN
AGENCY REQUIRED
separate agreement with the applicants for any project that requires a
um in station.
18. Domestic and fire protection waterline systems for Tracts or DSR Improvement
Commercial Developments shall be designed to be looped or Plans
interconnected to avoid dead end sections in accordance with
requirements of the DSRSD Standard Specifications an& sound
en ineerin practice.
19. DSRSD policy requires public water and sewer lines to be located in DSR Improvement
public streets rather than in off-street locations to the fullest extent Plans
possible. If unavoidable, then public sewer or water easements must
be established over the alignment of each public sewer or water line
in an off-street or private street location to provide access for future
maintenance and/or replacement.
20. Prior to approval by the City of a grading permit or a site DSR Improvement
development permit, the locations and widths of all proposed Plans
easement dedications for water and sewer lines shall be submitted to
and approved b DSRSD.
21. All easement dedications for DSRSD facilities shall be by separate DSR Improvement
instrument irrevocably offered to DSRSD or by offer of dedication Plans
on the Final Map.
22. Prior to approval by the City for Recordation, the Final Map Shall be DSR Recordation of
submitted to and approved by DSRSD for easement locations, Final Map
widths, and restrictions.
23. Prior to issuance by the City of any Building Permit or Construction DSR Issuance of
Permit by the Dublin San Ramon Services District, whichever- comes Building
first, all utility connection fees including DSRSD and Zone 7, plan Permits
checking fees, inspection fees, connection fees, and fees associated
with a wastewater discharge permit shall be paid to DSRSD in
accordance with the rates and schedules established in the DSRSD
Code.
24. Prior to issuance by the City of any Building Permit or Cons-.-ruction DSR Issuance of
Permit by the Dublin San Ramon Services District, whichever comes Building
first, all improvement plans for DSRSD facilities shall be sired by Permits
the District Engineer. Each drawing of improvement plans shall
contain a signature block for the District Engineer indicating
approval of the sanitary sewer or water facilities shown. Prior to
approval by the District Engineer, the applicants shall pay all
required DSRSD fees, and provide an engineer's estimate of
construction costs for the sewer and water systems, a performance
bond, a one-year maintenance bond, and a comprehensive general
liability insurance policy in the amounts and forms that are
acceptable to DSRSD. The applicants shall allow at least 15 working
days for final improvement drawing review by DSRSD before
signature by the District Engineer.
NO. CONDITION TEXT RESP. WHEN
AGENCY REQUIRED
25. No sewer line or waterline construction shall be permitted ur_less the DSR Improvement
proper utility construction permit has been issued by DSRSD. A Plans
construction permit will only be issued after all of the items in
Condition No. 107 have been satisfied.
26. The applicants shall hold DSRSD, it's Board of Directors, DSR Issuance of
commissions, employees, and agents of DSRSD harmless and Building
indemnify and defend the same from any litigation, claims, or fines Permits
resulting from the construction and completion of the project.
27. Improvement plans shall include recycle water improvements for DSR Improvement
locations identified in the Technical Memorandum prepared by West Plans
Yost and Associates for DSRSD dated 2/25/08. Servi-.es for
landscape irrigation shall connect to recycled water mains.
Applicants must obtain a copy of the DSRSD Recycled Water Use
Guidelines and conform to the requirements therein.
28. Water facility improvements for this project shall conform, to the DSR Improvement
Water Facilities design in the Public Facility Project Analysis Plans
(PFPA) for this project prepared by West Yost and Associates dated
February 25, 2008.
29. All utility easements shall be a minimum of 15' per Section I-C6-1 DSR Improvement
of the DSRSD Standard Procedures Specifications and Drawings and Plans and Final
shall conform to all the requirements of DSRSD Standard Procedures Mao
S ions and drawings.
PASSED, APPROVED, AND ADOPTED this 28th day of April 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
Wehrenberg, Schaub, Brown and Swalwell
King
ATTEST:
Plane ng 'NUager
S4-) ? i, 90-al
Planning Commissioner tt
G: (Arroyo Vista IPC PMTMAP Reso.doc